Resolution No. 2021-48 State of Florida Memoranum of Understanding for Allocation and Use of Opioid Settlement Funds - September 2, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-48
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE FLORIDA MEMORANDUM
OF UNDERSTANDING WITH THE STATE OF FLORIDA AND OTHER
PARTICIPATING LOCAL GOVERNMENT UNITS FOR THE
ALLOCATION AND USE OF OPIOID SETTLEMENT FUNDS TO ABATE
AND RESOLVE THE OPIOID EPIDEMIC; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") has suffered harm from the opioid
epidemic; and
WHEREAS, the City recognizes that the entire State of Florida has suffered harm
as a result of the opioid epidemic; and
WHEREAS, the State of Florida has filed an action pending in Pasco County,
Florida, and a number of Florida municipalities and counties have also filed an action In
Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid
Litigation"); and
WHEREAS, the State of Florida and lawyers representing certain various local
governments involved in the Opioid Litigation have proposed a unified plan for the
allocation and use of prospective settlement dollars from opioid related litigation; and
WHEREAS, the Florida Memorandum of Understanding (the "MOU") sets forth a
framework of a unified plan for the proposed allocation and use of opioid settlement
proceeds and it is anticipated that formal agreements implementing the MOU will be
entered into at a future date; and
WHEREAS, participation in the MOU by a large majority of Florida municipalities
and counties will materially increase the amount of funds to Florida and should improve
Florida's relative bargaining position during additional settlement negotiations; and
WHEREAS, failure to participate in the MOU will reduce funds available to the
State, the City, and other Florida local governments; and
WHEREAS, the City finds that participation in the MOU is in the best interest of
the City and its citizens in that such plan ensures that almost all of the settlement funds
will be allocated to abate and resolve the opioid epidemic and that every municipality and
county receives funds for the harms suffered due to the opioid epidemic; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
City of Aventura Resolution No. 2021-48
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and
confirmed as being true and correct and are made a specific part of this Resolution.
Section 2. Approval. That the City Commission hereby approves the MOU, in
substantially the form attached hereto as Exhibit "A."
Section 3. Authorization. That the City Manager is hereby authorized to
execute the MOU, in substantially the form attached hereto as Exhibit "A," and any
required or related agreements, amendments, or documents which are required to
implement the purposes of this Resolution and the MOU, subject to the approval of the
City Attorney as to form, content, and legal sufficiency.
Section 4. Implementation. That the City Manager is hereby authorized to take
all actions necessary to implement the purposes of this Resolution and the MOU.
Section 5. Transmittal. That the City Commission hereby directs the City Clerk
to transmit a copy of this Resolution to the Florida Attorney General Ashley Moody, the
Florida League of Cities, the Miami-Dade County League of Cities, and all municipalities
in the County.
Section 6. Effective Date. That this Resolution shall be effective immediately
upon adoption.
The foregoing Resolution was offered by Commissioner Narotsky, who moved its
adoption. The motion was seconded by Commissioner Evans, and upon being put to a
vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Absent
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
Page 2 of 3
City of Aventura Resolution No. 2021-48
PASSED AND ADOPTED this 2nd day of September, 2021.
ENID WEISMAN, MAYOR
•
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
PROPOSAL
MEMORANDUM OF UNDERSTANDING
Whereas, the people of the State of Florida and its communities have been harmed by
misfeasance, nonfeasance and malfeasance committed by certain entities within the
Pharmaceutical Supply Chain;
Whereas, the State of Florida, through its Attorney General, and certain Local
Governments, through their elected representatives and counsel, are separately engaged in
litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage
caused by their misfeasance, nonfeasance and malfeasance;
Whereas, the State of Florida and its Local Governments share a common desire to abate
and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State
of Florida;
Whereas, it is the intent of the State of Florida and its Local Governments to use the
proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the
amount of funding presently spent on opioid and substance abuse education, treatment and other
related programs and services, such as those identified in Exhibits A and B, and to ensure that
the funds are expended in compliance with evolving evidence-based"best practices";
Whereas, the State of Florida and its Local Governments, subject to the completion of
formal documents that will effectuate the Parties' agreements, enter into this Memorandum of
Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements
described herein; and
Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not
legally enforceable, and only provides a basis to draft formal documents which will effectuate
the Parties' agreements.
A. Definitions
As used in this MOU:
1. "Approved Purpose(s)" shall mean forward-looking strategies, programming and
services used to expand the availability of treatment for individuals impacted by substance use
disorders, to: (a) develop, promote, and provide evidence-based substance use prevention
strategies; (b) provide substance use avoidance and awareness education; (c) decrease the
oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved
Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A
and B which are incorporated herein by reference.
2. "Local Governments" shall mean all counties, cities, towns and villages located
within the geographic boundaries of the State.
3. "Managing Entities" shall mean the corporations selected by and under contract
with the Florida Department of Children and Families or its successor ("DCF") to manage the
000003/01288125_1
daily operational delivery of behavioral health services through a coordinated system of care.
The singular"Managing Entity" shall refer to a singular of the Managing Entities.
4. "County" shall mean a political subdivision of the state established pursuant to s.
1, Art. VIII of the State Constitution.
5. "Municipalities" shall mean cities, towns, or villages of a County within the State
with a Population greater than 10,000 individuals and shall also include cities, towns or villages
within the State with a Population equal to or less than 10,000 individuals which filed a
Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular
"Municipality" shall refer to a singular of the Municipalities.
6. "Negotiating Committee" shall mean a three-member group comprised by
representatives of the following: (1) the State; and (2) two representatives of Local Governments
of which one representative will be from a Municipality and one shall be from a County
(collectively, "Members") within the State. The State shall be represented by the Attorney
General or her designee.
7. "Negotiation Class Metrics" shall mean those county and city settlement
allocations which come from the official website of the Negotiation Class of counties and cities
certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re
National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at
https://allocationmap.iclaimsonline.com.
8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as
defined in this MOU.
9. "Opioid Related" shall have the same meaning and breadth as in the agreed
Opioid Abatement Strategies attached hereto as Exhibits A or B.
10. "Parties" shall mean the State and Local Governments. The singular word
"Party" shall mean either the State or Local Governments.
11. "PEC" shall mean the Plaintiffs' Executive Committee of the National
Prescription Opiate Multidistrict Litigation pending in the United States District Court for the
Northern District of Ohio.
12. "Pharmaceutical Supply Chain" shall mean the process and channels through
which Controlled Substances are manufactured, marketed,promoted, distributed or dispensed.
13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in,
or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid
analgesic.
14. "Population" shall refer to published U.S. Census Bureau population estimates as
of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU.
These estimates can currently be found at https://www.census.gov
15. "Qualified County" shall mean a charter or non-chartered county within the State
that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it
is a member or operates in connection with its municipalities or others on a local or regional
basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the
opioid epidemic; (c) is currently either providing or is contracting with others to provide
substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters
into an agreement with a majority of Municipalities (Majority is more than 50% of the
Municipalities' total population) related to the expenditure of Opioid Funds. The Opioid Funds
to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims
are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise
barred.
16. "SAMHSA" shall mean the U.S. Department of Health & Human Services,
Substance Abuse and Mental Health Services Administration.
17. "Settlement" shall mean the negotiated resolution of legal or equitable claims
against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered
into by the State and Local Governments or a settlement class as described in (13)(1)below.
18. "State" shall mean the State of Florida.
B. Terms
1. Only Abatement- Other than funds used for the Administrative Costs and Expense
Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall
be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new
action with Local Governments as Parties or add Local Governments to its existing action, sever
settling defendants, and seek entry of a consent order or other order binding both the State, Local
Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part
of a class action settlement or similar device. The Order shall provide for continuing jurisdiction
of a state court to address non-performance by any party under the Order. Any Local Government
that objects to or refuses to be included under the Order or entry of documents necessary to
effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds
shall be distributed to, and for the benefit of, the other Local Governments.
2. Avoid Claw Back and Recoupment - Both the State and Local Governments
wish to maximize any Settlement and Opioid Funds. In addition to committing to only using
funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will
agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A
contains the programs and strategies prioritized by the U.S. Department of Justice and/or the
U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain
the United States' agreement to limit or reduce the United States' ability to recover or recoup
monies from the State and Local Government in exchange for prioritization of funds to certain
projects. If no agreement is reached with the United States, then there will be no requirement
that a percentage be utilized for Core Strategies.
3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be
distributed according to the following distribution scheme. The Opioid Funds will be divided
into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below:
(a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to
directly benefit all Counties and Municipalities. The amounts to be distributed to
each County and Municipality shall be determined by the Negotiation Class
Metrics or other metrics agreed upon, in writing, by a County and a Municipality.
For Local Governments that are not within the definition of County or
Municipality, those Local Governments may receive that government's share of
the City/County Fund under the Negotiation Class Metrics, if that government
executes a release as part of a Settlement. Any Local Government that is not
within the definition of County or Municipality and that does not execute a
release as part of a Settlement shall have its share of the City/County Fund go to
the County in which it is located.
(b) Regional Fund- The regional fund will be subdivided into two parts.
(i) The State will annually calculate the share of each County within the
State of the regional fund utilizing the sliding scale in section 4 of the
allocation contained in the Negotiation Class Metrics or other metrics
that the Parties agree upon.
(ii) For Qualified Counties, the Qualified County's share will be paid to the
Qualified County and expended on Approved Purposes, including the
Core Strategies identified in Exhibit A, if applicable.
(iii) For all other Counties, the regional share for each County will be paid to
the Managing Entities providing service for that County. The
Managing Entities will be required to expend the monies on Approved
Purposes, including the Core Strategies. The Managing Entities shall
endeavor to the greatest extent possible to expend these monies on
counties within the State that are non-Qualified Counties and to ensure
that there are services in every County.
(c) State Fund - The remainder of Opioid Funds after deducting the costs of the
Expense Fund detailed in paragraph 9, the City/County Fund and the Regional
Fund will be expended by the State on Approved Purposes, including the
provisions related to Core Strategies, if applicable.
(d) To the extent that Opioid Funds are not appropriated and expended in a year by
the State, the State shall identify the investments where settlement funds will be
deposited. Any gains, profits, or interest accrued from the deposit of the Opioid
Funds to the extent that any funds are not appropriated and expended within a
calendar year, shall be the sole property of the Party that was entitled to the initial
deposit.
4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing
the following sliding scale of the Opioid Funds available in any year:
A. Years 1-6: 40%
B. Years 7-9: 35%
C. Years 10-12: 34%
D. Years 13-15: 33%
E. Years 16-18: 30%
5. Opioid Abatement Taskforce or Council - The State will create an Opioid
Abatement Taskforce or Council (sometimes hereinafter"Taskforce" or"Council") to advise the
Governor, the Legislature, Florida's Department of Children and Families ("DCF"), and Local
Governments on the priorities that should be addressed as part of the opioid epidemic and to
review how monies have been spent and the results that have been achieved with Opioid Funds.
(a) Size - The Taskforce or Council shall have ten Members equally balanced
between the State and the Local Governments.
(b) Appointments Local Governments - Two Municipality representatives will be
appointed by or through Florida League of Cities. Two county representatives,
one from a Qualified County and one from a county within the State that is not a
Qualified County, will be appointed by or through the Florida Association of
Counties. The final representative will alternate every two years between being a
county representative (appointed by or through Florida Association of Counties)
or a Municipality representative (appointed by or through the Florida League of
Cities). One Municipality representative must be from a city of less than 50,000
people. One county representative must be from a county less than 200,000
people and the other county representative must be from a county whose
population exceeds 200,000 people.
(c) Appointments State -
(i) The Governor shall appoint two Members.
(ii) The Speaker of the House shall appoint one Member.
(iii) The Senate President shall appoint one Member.
(iv) The Attorney General or her designee shall be a Member.
(d) Chair - The Attorney General or designee shall be the chair of the Taskforce or
Council.
(e) Term - Members will be appointed to serve a two-year term.
(f) Support - DCF shall support the Taskforce or Council and the Taskforce or
Council shall be administratively housed in DCF.
(g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually
using communications media technology as defined in section 120.54(5)(b)(2),
Florida Statutes.
(h) Reporting- The Taskforce or Council shall provide and publish a report annually
no later than November 30th or the first business day after November 30th, if
November 30th falls on a weekend or is otherwise not a business day. The report
shall contain information on how monies were spent the previous fiscal year by
the State, each of the Qualified Counties, each of the Managing Entities, and each
of the Local Governments. It shall also contain recommendations to the
Governor, the Legislature, and Local Governments for priorities among the
Approved Purposes for how monies should be spent the coming fiscal year to
respond to the opioid epidemic.
(i) Accountability_- Prior to July 1st of each year, the State and each of the Local
Governments shall provide information to DCF about how they intend to expend
Opioid Funds in the upcoming fiscal year. The State and each of the Local
Government shall report its expenditures to DCF no later than August 31 st for the
previous fiscal year. The Taskforce or Council will set other data sets that need to
be reported to DCF to demonstrate the effectiveness of Approved Purposes. All
programs and expenditures shall be audited annually in a similar fashion to
SAMHSA programs. Local Governments shall respond and provide documents to
any reasonable requests from the State for data or information about programs
receiving Opioid Funds.
(j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws
of Florida including, but not limited to, Florida Statute §112.311, concerning the
disclosure of conflicts of interest and recusal from discussions or votes on
conflicted matters.
6. Administrative Costs- The State may take no more than a 5% administrative fee
from the State Fund ("Administrative Costs") and any Regional Fund that it administers for
counties that are not Qualified Counties. Each Qualified County may take no more than a 5%
administrative fee from its share of the Regional Funds.
7. Negotiation of Non-Multistate Settlements - If the State begins negotiations
with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi-state
negotiation, the State shall include Local Governments that are a part of the Negotiating
Committee in such negotiations. No Settlement shall be recommended or accepted without the
affirmative votes of both the State and Local Government representatives of the Negotiating
Committee.
8. Negotiation of Multistate or Local Government Settlements - To the extent
practicable and allowed by other parties to a negotiation, both Parties agree to communicate with
members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply
Chain Participant Settlement.
9. Expense Fund - The Parties agree that in any negotiation every effort shall be
made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including
attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a
fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the
State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain
Participant, the Parties agree that an additional expense fund for attorneys who represent Local
Governments (herein "Expense Fund") shall be created out of the City/County fund for the
purpose of paying the hard costs of a litigating Local Government and then paying attorneys'
fees.
(a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be
sourced exclusively from the City/County Fund.
(b) The Amount of the Expense Fund- The State recognizes the value litigating Local
Governments bring to the State of Florida in connection with the Settlement
because their participation increases the amount Incentive Payments due from
each Pharmaceutical Supply Chain Participant. In recognition of that value, the
amount of funds that shall be deposited into the Expense fund shall be contingent
upon on the percentage of litigating Local Government participation in the
Settlement, according to the following table:
Litigating Local Government Amount that shall be paid
Participation in the into the Expense Fund
Settlement(by percentage of from (and as a percentage
the population) of)the City/County fund
96 to 100% 10%
91 to 95% 7.5%
86 to 90% 5%
85% 2.5%
Less than 85% 0%
If fewer than 85% percent of the litigating Local Governments (by population)
participate, then the Expense Fund shall not be funded, and this Section of the
MOU shall be null and void.
(c) The Timing of f Payments into the Expense Fund- Although the amount of the
Expense Fund shall be calculated based on the entirety of payments due to the
City/County fund over a ten to eighteen year period, the Expense Fund shall be
funded entirely from payments made by Pharmaceutical Supply Chain
Participants during the first two years of the Settlement. Accordingly, to offset
the amounts being paid from the City/County to the Expense Fund in the first two
years, Counties or Municipalities may borrow from the Regional Fund during the
first two years and pay the borrowed amounts back to the Regional Fund during
years three, four, and five.
For the avoidance of doubt, the following provides an illustrative example regarding the
calculation of payments and amounts that may be borrowed under the terms of this MOU,
consistent with the provisions of this Section:
Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000
Litigating Local Government Participation: 100%
City/County Fund (over 10 to 18 years): $150
Expense Fund(paid over 2 years): $15
Amount Paid to Expense Fund in 1 st year: $7.5
Amount Paid to Expense Fund in 2nd year $7.5
Amount that may be borrowed from Regional Fund in 1 st year: $7.5
Amount that may be borrowed from Regional Fund in 2nd year: $7.5
Amount that must be paid back to Regional Fund in 3rd year: $5
Amount that must be paid back to Regional Fund in 4th year: $5
Amount that must be paid back to Regional Fund in 5th year: $5
(d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be
established, consistent with the provisions of this Section of the MOU, by order of
the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West
Pasco Division New Port Richey, Florida, in the matter of The State of Florida,
Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma
L.P., et al., Case No. 2018-CA-001438 (the "Court"). The Court shall have
jurisdiction over the Expense Fund, including authority to allocate and disburse
amounts from the Expense Fund and to resolve any disputes concerning the
Expense Fund.
(e) Allocation of Payments to Counsel from the Expense Fund- As part of the order
establishing the Expense Fund, counsel for the litigating Local Governments shall
seek to have the Court appoint a third-neutral to serve as a special master for
purposes of allocating the Expense Fund. Within 30 days of entry of the order
appointing a special master for the Expense Fund, any counsel who intend to seek
an award from the Expense Fund shall provide the copies of their contingency fee
contracts to the special master. The special master shall then build a
mathematical model, which shall be based on each litigating Local Government's
share under the Negotiation Class Metrics and the rate set forth in their
contingency contracts, to calculate a proposed award for each litigating Local
Government who timely provided a copy of its contingency contract.
10. Dispute resolution- Any one or more of the Local Governments or the State may
object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or
expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the
distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein
with respect to administrative costs or the Expense Fund. There shall be no other basis for
bringing an objection to the approval of an allocation or expenditure of Opioid Funds.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-145(E) OF THE CITY CODE OF
ORDINANCES, (1) TO PERMIT A HEIGHT OF 21 STORIES FOR A
MULTIFAMILY RESIDENTIAL BUILDING AND 15 STORIES FOR AN
OFFICE BUILDING, WHERE THE CITY CODE PERMITS 10 STORIES,
AND TO PERMIT 5 STORIES FOR A RESIDENTIAL BUILDING IN A
BUFFER ZONE, WHERE THE CITY CODE PERMITS 4 STORIES; (2)
FOR PROPOSED LIVE/WORK UNITS, WHERE THE CITY CODE
OTHERWISE ALLOWS UNITS TO BE EITHER COMMERCIAL OR
RESIDENTIAL, BUT NOT BOTH; AND (3) TO PERMIT 1,735 PARKING
SPACES, WHERE 1,891 SPACES IS REQUIRED BY THE CITY CODE
FOR THE PROPERTY LOCATED AT 20801 — 20807 BISCAYNE BLVD.;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII,
Use Regulation, Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District"
of the City Code of Ordinances, the applicant, Bercow, Radell, Fernandez & Tapanes on
behalf of Aventura Opportunity Owner LLC and Norwich Aventura, has applied to the City
of Aventura (the "City") for Conditional Use Approval (Application No. CUP2111-0001)
related to the development of a mixed use project (the "development") located at 20801-
20807 Biscayne Boulevard, in the TC4 District, as legally described in Exhibit "A" (the
"Property"); and
WHEREAS, pursuant to City Code Section 31-145(e)(4)b, the applicant has
requested Conditional Use Approval to permit a height of 21 stories for a multifamily
residential building and 15 stories for an office building, where the City Code permits 10
stories for both a multifamily residential building and office building, and 5 stories for a
residential building in a buffer zone, where the City code permits four stories for a
residential building in a buffer zone; and
WHEREAS, pursuant to City Code Section 31-145(e)(4)i, the applicant has
requested Conditional Use Approval to permit live/work units, where the City Code
otherwise allows units to be either commercial or residential, but not both; and
WHEREAS, pursuant to City Code Section 31-145(e)(4)n, the applicant has
requested Conditional Use Approval to permit 1,735 parking spaces (in accordance with
a shared parking allowance based upon the mix of uses proposed for the property), where
the City Code requires 1,891 spaces; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
City of Aventura Resolution No. 2022-
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein, and
it is in the best interest of the City to grant the request for Conditional Use Approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. The application for Conditional Use (1)to permit a height of 21 stories
for a multifamily residential building and 15 stories for an office building, where 10 stories
is permitted by the City Code, and to permit 5 stories for a residential building in a buffer
zone, where the City Code permits 4 stories; (2) for proposed live/work units, where the
City Code otherwise allows units to be either commercial or residential, but not both; and
(3) to permit 1,735 parking spaces (in accordance with a shared parking allowance based
upon the mix of uses proposed for the property), where the City Code requires 1,891
spaces for the Property is hereby granted, subject to the conditions set out in Section 3
of this Resolution.
Section 3. Approval of the application above is subject to the following
conditions-
1. Drawings as submitted October 10, 2021 and listed in Exhibit B, unless
otherwise subsequently amended by Administrative Site Plan Approval
(ASPA). The referenced plans were reviewed under Administrative Site Plan
Approval regulations, the proposed TC4 zoning district regulations, and all other
applicable regulations as provided within the City of Aventura Land
Development Regulations.
2. Mitigation will be required of an intersection or roadway that does not meet the
City's adopted level of service standard due to traffic impacts from the proposed
development, as determined from the full traffic study, following the
methodology that has been reviewed and approved by the City and its traffic
engineer. Intersection or roadway mitigation is subject to the approval of the
City Manager and the appropriate maintaining agency.
3. Modify the northbound approach to the intersection of NE 207 Street and NE
30 Avenue to an exclusive left-turn lane and a shared through and right-turn
lane, eliminate the current split phase for north and south movements, allocate
more green time for east and west movements, and include a protected
westbound to southbound left turn phase. Subject to the approval of the City
Manager and Miami-Dade County.
Page 2 of 6
City of Aventura Resolution No. 2022-
4. Contribution toward the expansion of the City's Freebee circulator service in the
amount of $120,000 per year for three years with the first payment due before
the issuance of the first permit for the project or by September 30, 2022,
whichever is earlier and each of the next two payments due on the respective
anniversary date of the first payment.
Section 4. The City Manager is authorized to issue permits in accordance with
the approvals and conditions herein provided and to indicate such approvals and
conditions upon the records of the City.
Section 5. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Johnathan Evans
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Rachel S. Friedland
Mayor Enid Weisman
PASSED AND ADOPTED this 4th day of January, 2022.
Page 3 of 6
City of Aventura Resolution No. 2022-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
Page 4 of 6
City of Aventura Resolution No. 2022-
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
LEGAL DESCRIPTION:
PA,Rr;EL m4E:
A I,,ORTIC'N CF TcAJ'T .A"., OF "A.'VENTUNA, CORPORATE C°EP:'TEI ACCINUANG T, THE PLAT
THEE'PIF, AS CE.;tRDED IN PLAT u t_..k I Er., AT PAGE 0, OF THE PUBLIC RECEYRDS OF
I lAv-I OA.E ,,'o-NTf, FUY I(,A. I;ElNro ai0RE PAOTIC,0L PLY ,E.:01RII.E,. ASF,LL'"}W':
EE"h AT THE MC T NORTH, N RTHI E_T =.:C,sRNEr OF 'S'AD TFAs;T .4"; THEN;E N,58 1 ;,1':c'E,
4L'vT"Id. THE NORTH LINE OF `AID -P ACT "A:', FOR 556.00 FEET., THENCE 1�°W1 �a` F R
335.30 FEET, THE' :E S0:04 "E FOR 29E,15' FEET Tn' A F°UMT ON THE SCMTHERLY LIME
Of 34` TRACT 'A',. THEN,'E THE ,.::,tTHErL�° LJh E OFy SAID T .at:T "s'`
Fc_ (u' FEET, THEN-,E N28:V2 N, A,L=:: I� THE ..,vTHwB'lERLf LIME OF TRACT
y", FOR 55.U0 FEET, THENCE 1.2'4.IM-E, AUJING THE "NL--"TEF:LY UNE LT SAID T'R.ACT
AID LINE AL.:v' eaEIF;?C:� THE Eel';-;TE9TLY" lel=.�HT—wF—�ti,a:'Y LIPsE �}F 3�1�:::'siYT�dE L•".��LE"a:4R a',STATE
ROAD C NO, 1) FCIi .:63,1 : FEET; THEN,,TE THE N,;:,,.THoVE'TF-RL'r LINE
.F .,A.II TRACT 'A F"€R, a`," FEET T": THE POINT OF HE(jNNING,
PARCEL 7WO�
TT?4,-,T "A" OF AVEN17URA CORF-C:.'+TE CENTER, 4,20tIRDIN= TO THE PLAT THE€sE:F,
RE,.; R'OEIS IN, PLAT Un2Or 1`0,, ,T PA,2E 47, OF THE PURUC [E,,'0RDS f AA.v"I ADZE
,.I kINT'j,
LESS THE FaLLOS'sIt . DEStw°-NFE7 i'AF-'.'EL OF LAND:
BEGIN AT THE 1.16',.":T NORTH, WIRTH%WS,.T CCA77NER OF rl TI k2T '4"; THENCE N36 10':W E,
AL.:',NG THE NORTH LIFE OF 'r.AIF TRA,(j °"A`, FO: 5 6 ?C_ FEET THEWE N 1619' 1`vv FOR
s S.tiv t E F.a' M • FEET T � � T THE aTHE�LT LINE
-
CIF SAID T,A„T °` ', THU?CE 1:5 :2 4_'%V„ AUUNG THE `_OUTHEKLY UN1 OF ,,AID TgACT
FOR, 552 FEET, THENCE 12rn'3l�`W, A:LON'S THE ` wL.€TH E.TERL°Y LINE OF N,AI.€ TRAL,T
A FtiYR 35,fir, FEET TTHEI E Ir " 'i E: AL'I,`G THE AE*TERLf UNE I:f -'SAID' TRACT 'A'°,.
,Air) LINE AL,:l REINi"' THE EASTE LY RI?W:HT-OF-*A.f LINE OF a-'I',r YNE , ULEt=A— ( ATE
r':AD C;',:S NO. U. Fjw 3637r FEET, TTHEti,,:E ht, _H'°�:<Ip"E, :Uo,,4-,� THE lYu<•,;THooE-STERLY UNE
F , D -MA,':T `A F'li 3.7-15 FEET T THE POINT Vf BE INNINGr
AND LEA:' THAT Fr'TkT1CON t ", VET'EO Tn a„k,7WCH A�,04T.:,tA II LLD, :A 0ELAWAFE LIMITEC
I-WRILITY :O"AriT, -,Y 'wPECIAL VVARRWr Jf 0EED. I.E.,'0RrED DE":EmFER 7=, 2f.,4. IN,
QFFluIAL 16.0RUIS B1:KA 2°911 41, AT A;.E :,41, (IF THE K,31Ju E e "'t.y T VIAVI IJA E
,;IJ JTY, FL Ibk MMiE PARTIGAAAY aE.;""RjEG �": F(U woo
B IN AT THE MOST MOIRTH, NOrTHYEGT v.nRNEr, as'F .-410 TTTAf'T 'Ak"; THENC'E
AL:>NO THE NORTH LINE OF -1ra T ACJ "A. FSR 556,0Q, FEET; THEti€s.E . ,, ),,!" I'O
5,1,s;ti:: FEET;: TTHEr`E E .�:I�is .° 1"E F H f-"Co) FEET T-u THE F INT OF CT' THE
HE,IEI IA,FTDt :1E,,A8EI 'v'`� cEL CF LAM'3, TTHEaC;E ccvT1NuE ',co435V'E Fla I : .°A FEET
TO APOINT OF THE : €_€THERLY UNE OF :;fi10 lw.Ar;-rA."; THE FaLL 4"NING EIGHT ,;•a) XOJR'SES
.EI",,, AU:"NG THE SICY:ITIERL'Y ANO EASTERLY 30[a'kE4 A.Rr SF S41P TRACT 'A"; THEhCE
S7W ,`AA'E F'aw .3,05 FEET T; A POINT .�F ..CJR'.°AT=RE; <,2: TTHEWrE SWT1HEA TERL'r
AL',NN:i A 1436,"A! FC.,:T raLViS C� RvE LEA,"A`aC TCP THE LEFT TH CI ,ItH A CEN-PAL .NClE
OF t; '?.S FC11 AN AHC DISTANCE OF 70 .2'-) FEET: (J) THENCE .Su€'7'043vs".E FOR 4.C;..G(,,
FEET; �'4) THEIC'E 5K-5!%M; E FOR 35.0C FEET '€ THE24CE D O. R I r. ==°fir Fal, 4w.Cr. FEET
TO A P-'2,V=dT DN A CIRCULAR CUR',,E ` K) E [4A IUr. POINT SEAR NCB°22 5"E; (6) THENCE
:"uTHEASTER"LY .AU'.KC A 7A..as : FOOT r'-"T, EuR"".'E LEAVDIrgG TO THE LEFT: *ROC J,W;H A
Eg T'AL �,I�:€^LE trF t�'wYO5 F:.�,k ,ins k' G1=TA,,N;E OF i14 .., FEET Tc, A I N T of
a.Fr+E„".rt GJ=fV:&,T:J;�E; rE) THENCE EAGTERLY ANO NORTHERI-4 ALONG, A 2 K) FOOT
PAJOIL25 UR.'VE LEA INO TO THE LEFT, THRO.L."OH A, CENTRAL kNIGLE i:1' 94'45ac.'- F C` Arc'
M' DISTANCE %IF +I1.3A FEET TO A FC:d^;,1T CF TAPJ'.'.Ewr'`N 8, THEN'':E h �'w=:'°i°� FM
r'54381 FEET; THENCE - ?`C ,,T` FOR 13=;T FEET. THEY,-'E S� 2 a 'W F.:sA 3O,K` FEET:
THEII':E rLW' 'A' IF R 66.,00 FEET. THENCE S'� 4 !r; �` ForR FEET: TTHP,.,11E
a '4�•-T"axe 'A' 1`0€2: -'f5.6 5 FEET TO THE POINT "F BEGINNING.
TOGETHER WITH THE h,CN—EXCUJSI1 'E E4,SEaQ.ENT-, A.1 SET FORTH AND FURTHE%t rESM.IPEa IN.
E:TIO�,I "R.) If THAT LEFT-AIN PARKING AGREEmENJ, RE 0RC:EC, I°E:Em HER IA. 2014: IN
OFFICIAL B(POK �,94L-m, AT , C E ,tw`1, AND SE.TIcK, b� ?"F THAT C.EgTA N Av P4,)Ei,
sANU' REkTATEL) EASEI)ENT AND OPEiATTNG ,A°G&,EEMENT, HECcJ,.LEI) L;E°-'EWER, 18, Ir?
OFFICIAL REL IRi,Da 30Crk 9 i3d,. AT PACE OF THE PUKIC REm:LR :C Of' MIA-VI DAIIE
IOUNTf, FLORIDA.
Page 5 of 6
City of Aventura Resolution No. 2022-
EXHIBIT "B"
PLAN SET REFERENCE
Aventura Corporate Center
Site Plan submittal received October 10, 2021
INDEX LIST
A-000 Cover
A-001 0ata Sheet
A-002 Setback diagram
C-001 Context Photos
1 Survey
2 Sure
1 2 Tree ure .
C-1.0 Civil Site Plan
C-2.0 Utility Plan
C- -O Grading and 0rainage Plan
LPO1 0round Floor Planting Plan
LP02 Office-Ame'niity Oak Level0
LP03 Pool 0eck Level 07
LP04 Pool Dock Level 18
LP05 Building 10-Courtyard Level 4
LP06 Building 113 loot Terrace
LP07 Imageoard
A-101 Site Plan Ground Floor
A-102 Site Plan 2nd Floor
A-1103 Site Plan Srd Float
A-104 Site Plan 7th Floor
A-106 Site Plan Sth Floor
A-706 Site Plan 18th Floor
A-107 Site Plan 21 Floor
A-1108 Site Roof Plan
A-20111 Ouilding 1A Elevations
A-202 Building 1A Elevations
A-203 Building 1B Elevations
A-2014 Building 2 Elevations
A-20S Building 2 Elevations
A-301 Sections
A- 01 renderings
A- 02 renderings
A-403 Renderings
A-404 reederin s
A-SO'1 aterial oard
A-502 Material hoard
Page 6 of 6
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klo
pp
Community Development Director
DATE: December 29, 2021
SUBJECT: Request by Parcel U / SR-1 Trust, LLC for Conditional Use Approval
for a Proposed Assisted Living Facility on Property Located at the
Southeast Corner of East Country Club Drive and Yacht Club Way
Biscayne Boulevard (CUP2110-0001)
January 4, 2022 City Commission Meeting Agenda Item 6B
RECOMMENDATION
It is recommended that the City Commission approve the subject Conditional Use request
for land located on the southeast corner of East Country Club Drive and Yacht Club Way
to facilitate development of an assisted living facility known as Belmont Village Senior
Living Aventura.
THE REQUEST
The applicant, Bercow, Radell, Fernandez Larkin & Tapanes on behalf of Parcel U / SR-
1 Trust LLC, is requesting Conditional Use approval to allow a floor area ratio of 2.85,
where 2.0 is permitted by code, and to allow lot coverage of 53% where maximum lot
coverage of 40% is permitted by code, for an assisted living facility to be constructed
pursuant to the City's Green Building program. The applicant's Letter of Intent is attached
as Exhibit#1 to this staff report.
BACKGROUND
OWNER OF PROPERTY: Parcel U / SR-1 Trust, LLC
NAME OF APPLICANT Michael J. Marrero, Esq.
Bercow Radell Fernandez Larkin & Tapanes
LOCATION OF PROPERTY Southeast Corner of Yacht Club Way and
East Country Club Drive
See Exhibit#2 for Location Map
Folio Number 28-1235-014-0070
SIZE OF PROPERTY 1.4 acres
See Exhibit#3 for Legal Description
The property is located east of East Country Club Drive between the Lehman Causeway
access road and Yacht Club Way. The property has been vacant for at least 50 years.
The site has often been used as staging area for various entities and purposes over the
years.
The Project proposed is a 192-bed assisted living facility.
The project will be required to obtain Administrative Site Plan Approval. The plans for the
project, which were presented to the City Commission on September 23, 2021, are
provided in Exhibit #4. A preliminary traffic analysis has been completed. It is included
as Exhibit#5.
ANALYSIS
Future Land Use Designation
Subject Property: Medium-High Density Multi-Family Residential
Property to the North: Medium-High Density Multi-Family Residential
Property to the South: William Lehman Causeway
Property to the East: Medium-High Density Multi-Family Residential
Property to the West: Medium-High Density Multi-Family Residential
Zoning
Subject Property: RMF-4 High Density Multi-Family Residential
Properties to the North: RMF-4 High Density Multi-Family Residential
Properties to the South: William Lehman Causeway
Properties to the East: RMF-4 High Density Multi-Family Residential
Properties to the West: RMF-4 High Density Multi-Family Residential
Existing Land Use
Subject property: Vacant
Properties to the North: High Density Multi-Family Residential
Properties to the South: William Lehman Causeway
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Properties to the East: High Density Multi-Family Residential
Properties to the West: High Density Multi-Family Residential
Access —Access to the site will be provided via a circular driveway on Yacht Club Way.
Standards for review found in Section 31-73 of the Land Development Regulations:
The following is staff's evaluation of the proposed use using the criteria for approval of
conditional uses found in Section 31-73(c) of the City's Land Development Regulations.
1. The proposed use shall be consistent with the Comprehensive Plan.
The proposed use is consistent with the City of Aventura Comprehensive Plan. The
future land use designation for this parcel is High-Density Residential.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare given the
conditions of approval.
3. The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The immediate neighborhood of the proposed use is comprised of high-density
residential uses and open space uses. The proposed Assisted Living Facility is
consistent with the community character of the immediate neighborhood.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of these
LDR's.
Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services exist at the City's adopted levels of service or will
be available given the conditions of approval concurrent with demand as provided for
in the City's Land Development Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures have or will be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Ingress and egress to the property is via a circular driveway off Yacht Club Way.
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6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding
properties for uses permitted in the zoning district. The applicant's construction of the
project could be a benefit to the community by providing transitional residential options
for residents in the area.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed use minimizes adverse effects, including visual impacts
of the proposed use on adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria. The architectural design is
compatible with existing buildings in the area. The site is landscaped with Florida
friendly canopy trees and plantings.
Public Hearing Notice - Notice of this public hearing has been published, posted and
mailed in accordance with Section 31-71(e) of the City Code. The Community
Development Department has received no citizen comments as of the date of writing of
this report.
RECOMMENDED CONDITIONS OF APPROVAL
Staff recommendation to City Commission is approval of the Conditional Use request
subject to the following requirements-
1. Drawings as provided to the Community Development Department on September
22, 2021 and presented to the City Commission on September 23, 2021 as
included in Exhibit #4 unless otherwise subsequently amended by ASPA
(Administrative Site Plan Approval). The plans will be reviewed under
Administrative Site Plan Approval regulations, the RMF-4 zoning district
regulations and all other applicable regulations as provided within the City of
Aventura Land Development Regulations.
2. Mitigation of negative traffic impacts created by the proposed development, as
determined necessary by the full traffic study, following the methodology that has
been reviewed and approved by the City and its traffic engineer, subject to the
approval of the City Manager and Miami-Dade County.
3. Applicant shall also:
a) Complete a study of the lighting conditions along Yacht Club Way from East
Country Club Drive to the bridge, subject to the approval of the Director-
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i) propose improvements to the lighting, as needed on the median of Yacht Club
Way, in order to mitigate any deficiencies noted by the study, subject to the
approval of the Director;
ii) include such improvements in the associated set of construction plans; and
iii) commit to constructing the lighting improvements.
b) Complete a study of the pedestrian walkway conditions along the south side of
Yacht Club Way from East Country Club Drive to the bridge, subject to the approval
of the Director:
i) propose improvements to the pedestrian walkway conditions on the south side
of Yacht Club Way in order to mitigate any deficiencies noted, subject to the
approval of the Director;
ii) include such improvements in the associated set of construction plans; and
iii) commit to constructing the pedestrian improvements.
c) Complete an analysis of the impacts of the proposed ALF upon ingress and egress
as it relates to emergencies and the existing developments to the west of the
proposed ALF that rely on Yacht Club Way, subject to the approval of the Director:
i) include in the analysis for the City's consideration, a presentation of alternative
solutions and technologies available to facilitate emergency response in large-
scale emergency events (such large-scale emergency events are identified as
events with a broad neighborhood or area impact, such as a hurricane
warning/evacuation, bomb threat, building fire, or other multi-agency police
event; large-scale emergency events shall not include day-to-day police or
emergency response operations);
ii) propose a large-scale emergency protocol and maintenance of traffic plan for
the ALF property that will not only minimize deterioration of existing conditions
along Yacht Club Way during a large-scale emergency, but also potentially
facilitate better ingress and egress during a large-scale emergency via
coordination with the Police and/or Fire Departments' needs, subject to the
approval of the Director; and
iii) include the emergency protocol and on-site maintenance of traffic plan as an
exhibit in the administrative site plan for the ALF project.
d) Submit a full traffic impact study following a methodology reviewed and pre-
approved by the City, to include the following:
i) an analysis of the traffic signal timing at the intersection of Yacht Club Way and
East Country Club Drive, subject to the approval of the Director;
ii) commit to traffic signal timing improvements at Yacht Club Way and East
Country Club Drive if the impacts created by the proposed ALF cause the
intersection to not meet the City's adopted level of service standard, subject to
the approval of Miami-Dade County;
5
iii) an analysis of the potential for camera-activated smart traffic signal operations
at the intersection of East Country Club Drive and Yacht Club Way, if the
impacts created by the proposed ALF cause the intersection to not meet the
City's adopted level of service standard, subject to the approval of Miami-Dade
County; and
iv) commit to mitigation with camera-activated smart traffic signal operations at
Yacht Club Way and East Country Club Drive, if feasible, if the impacts created
by the proposed ALF cause the intersection to not meet the City's adopted level
of service standard, subject to the approval of Miami-Dade County.
e) Complete a study of the use of Yacht Club Way by school buses, subject to the
approval of the Director:
i) The City will provide the approximate pick-up and drop-off times of school
buses using Yacht Club Way. The bus study will include number of buses, dwell
times, and queuing behind the buses on two typical weekdays.
ii) propose alternatives that could mitigate traffic congestion that results from
school buses, including identification of the entities that would be involved in
implementing such alternatives
f) Propose limitations on delivery trucks to minimize their impact during peak traffic
times:
i) include limitations as restrictions associated with the development.
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